Unsolicited goods your rights

Have you received unsolicited goods?

Unsolicited goods are very uncommon

Please see All you need to know about unsolicited goods which is an updated post that clearly answers the questions raised here.

Second to posts about my History with Tesco this is the most read post. So we glean from that, that many people receive items that they did not request! However, typically these are not unsolicited goods. NONE of the comments from people believing/hoping that they have received unsolicited goods so far, relate to true unsolicited goods other than one regarding items from Estonia!

Well over a hundred comments and only has been truly about unsolicited goods and they were goods from abroad! The answers to your queries are in this post, the links and comments, your story will be there.

What are unsolicited goods?

Most people are familiar with the Unsolicited Goods and Services Act 1971. Unsolicited goods are also covered in the newer regulations The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which say you have a right to keep goods delivered to you that you didn’t request. Specifically, from the legislation:

“Part 4 of the Regulations contains provisions concerning protection from unsolicited sales and additional charges which have not been expressly agreed in advance. Regulation 39 introduces a new provision into the Consumer Protection Unfair Trading Regulations 2008 which provides that a consumer is not required to pay for the unsolicited supply of products. Regulation 40 provides that a consumer is not required to make payments in addition to those agreed for the trader’s main obligation, unless the consumer gave express consent before conclusion of the contract”.

You are under no legal obligation to contact the trader and can keep the goods. However, true unsolicited goods sent within the UK are rare these days and I have yet to hear of any in the last few years.

Request for payment for unsolicited goods

Should you receive a request for payment from a trader for unsolicited goods it has committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You can report them to Trading Standards. Bear in mind that if you have chosen to keep an item sent to you in error which the company can prove  e.g. from a screen shot of the wrong code being put into the system then the company has not committed an offence and you will have to pay for the item should you not follow the advice below on “Not unsolicited goods

The days of receiving packages with a demand for payment seem to have gone as this is illegal and no-one in the comments below other than someone who received a package from outside the UK has received unsolicited goods.

Not unsolicited goods

1) If you have been sent items by mistake; such as a duplicate order or additional items, mistaken identity, wrong address, in your name but you didn’t order them, any kind of fraud

2) Replacement order

3) Faulty item

4) Item you have that was faulty and waiting for collection at any point in the replacement process

5) If you have had any contact with any company and you have any order with them and they send you something different/additional

6) Substitute goods should be agreed with the trader and you.

For the examples above, the company is in breach of the Consumer Rights Act 2015. See also this post on deliveries. this is NOT unsolicited goods.

7) Thing(s) meant for someone else. Still not unsolicited goods if clearly a mistake and you are able to contact the company which sent the item.

What to do with non unsolicited goods

1) Contact the company and request that they come and collect the goods. Tell them that you are giving them 14 days in which they can contact you and arrange collection or you will dispose of the goods. Make sure that you do this in writing with proof of postage/read receipt email so that you have a record if you dispose/keep/sell the item. See this post.

2) There should be no cost or inconvenience to you. State also that you will dispose of the goods if you are not sent a return postage label/packaging or arrangement for a courier. Keep this correspondence evidence.

3) If you have been in contact with the company regarding ordering items see Mail Order, online and deliveries and Consumer Right Act 2015

Your call as to what to do with truly unsolicited goods

Mostly, it boils down to morals and whether you want to take the risk keeping an item and I cannot make that call for you. But bear in mind that if the item(s) were sent in error (see “Not unsolicited goods” section above) they may contact you and if you have used the item you will have to pay for it. Many times the company says keep the item.

General rule of thumb which answers most if not all the questions in the comments -- if you have received goods from a company that you have dealt with, it is 99% likely that there has been an error such as someone putting in the wrong number into the computer. These are NOT unsolicited goods. Unsolicited goods are simply receiving something out of the blue from a company that you have not been in contact with!

You must try to do everything to return the item if it falls into any of the other categories above.

Further help about problems with deliveries

It is extremely unlikely going from the popularity of this post and the comments I receive that you are in possession of unsolicited goods, or that your case is unique. You probably HAVE received poor service however and there is probably a breach of consumer law! For that, please see :

Top 20 Tips for complaining effectively

Consumer Rights Act 2015Parcel outside door, delivery notirrived? Arrived late? Left and stolen? Your rights to redress

 

 

Your rights, mail order, online and deliveries

 

 

If you are having problems contacting the company try the ceo and you can get the contact details for him or her here at ceoemail.com

Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For masses of information, consumer rights, advice, stories and template letters….

GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

Top 20 Tips for Complaining Effectively

 

 

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10 Types of complainer which one are you?

Complainer types -- some are better than others!

What type of complainer are you?
What type of complainer are you?

I believe that there are many types of complainers. Whatever type you are, this book will help you become more effective in your complaining.

The Professional Complainer

This title annoys me. A lot. I often get asked if I am a professional complainer. It is an utterly ridiculous term. I haven’t trained to be a complainer. I haven’t got any qualifications in complaining and I don’t do it as a job although  I do now take up people’s complaints for them when all else has failed and they need some help. I see this as providing consultancy advice and  not  what people mean when they ask “Are you a Professional Complainer?” No-one is a professional complainer. It is insulting to those with a profession.

The Serial Complainer

I often get asked if I am this kind of a complainer too. I think this term is best suited to people who complain continually to the same company. Frequently they have been offered some redress but they keep on spending a disproportionate amount of time on complaints. They ‘phone the company, send emails, send letters and never give up -- often over trivial matters. they can also give effective complainers a bad name. The Complainers showed some of these.

The Extreme Complainer

Similar to the Serial Complainer, this person complains when the time spent is not comparable with the possible redress gained. S/he will complain about anything and everything sometimes with an end in mind but usually just for the sake of it and not because they feel genuinely aggrieved. There’s a difference between complaining about the principle of some rotten apples for £1 and complaining about the assistant who annoyingly asks “Can I help you?” and hangs around when you just want to browse. That’s subjective and annoys the heck out of me and I’ll moan about it but I won’t complain to anyone to gain redress!

The Dishonest Complainer

Serial and extreme complainers probably give people who complain effectively and regularly with good reason a bad name. In addition to wasting their own time they often waste customer service’s staff time which could be better spent with reasonable complainers. But the Dishonest Complainers are in a league of their own. They make up stories and complaints, putting hairs in meals for example, just to gain freebies. And here’s a word of warning if you are thinking about fabricating a complaint Brit couple who made ‘fake’ claim over ‘dodgy food’ at Greek hotel could lose home because they were sued back for £170,000 by the furious chain

The Opportunist Complainer

Similarities with The Dishonest Complainer, The Opportunist Complainers look for opportunities to complain and gain something to which they are usually not entitled, often keeping on at customer services until they are paid to “go away”.

The Rude Complainer

This type of complainer can often be ineffective, serial and/or extreme. Swearing and shouting at staff and/or writing abusive letters/emails rightly rarely gains redress.

The Amusing Complainer

These complainers are a little bit different. Really good amusing complainers have gained media coverage for their complaints, such as the Sons of Maxwell’s “United Breaks Guitars” song that went viral.

United Breaks Guitars

 

 and the hilarious letter written to Richard Branson regarding the food on a Virgin flight. Amusing Complainers don’t always need to know their legal rights if their correspondence is entertaining enough and the receiver has a sense of humour. This complaining style is usually effective but sometimes humour doesn’t gain redress and to ensure that they will need to become an effective complainer.

The Innovative Complainer

These are to be admired I have to say. Being innovative will usually work. Often the Amusing Complainer falls into this category but to be truly innovative the quality needs to be more than just enough to make friends and family smile. My cousin ‘phoned up a toy manufacturer’s CEO’s secretary and pretended to be from the BBC in order to gain access to the CEO. She was put through to him directly and went through her complaint. It can’t be done with every complaint but when a complainer is innovative the response is usually good.

The Ineffective Complainer

This person tries. Not assertive, not knowing their legal rights, ineffective complainers try to get refunds but rarely get them. They get fobbed off when they try and complain. The Ineffective Complainer may vent a tweet or a post on a Facebook page but not follow it up to gain redress.

The Effective Complainer

In order to always gain redress one needs to be an effective complainer. The Effective Complainers know their legal rights, assert them politely and will not be fobbed off -- when the company they paid tries to blame the manufacturer or delivery company for example.

Further help with complaining

Top 20 Tips How to Complain! lots of help and advice!

Top 20 Tips for Complaining Effectively

Youtube channel -- lots of clips of consumer rights

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

I believe that there are many types of complainers. Whatever type you are, GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! will help you become more effective in your complaining!

 

 

 Top 20 Tips for complaining effectively

How to Complain Effectively

Top 20 Tips for Complaining Effectively

So, what kind of complainer are you?

 

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